Mistakes do happen, but remember that we can learn from them and use the knowledge to make our systems as mistake-proof as possible.]]>Wed, 29 Nov 2017 08:00:00 GMThttp://www.bclawstaffrecruiting.com/blog/question-i-started-with-this-firm-last-fall-so-i-am-just-coming-up-to-my-first-summer-season-with-them-other-staff-have-started-talking-about-what-they-are-doing-for-their-vacations-i-would-like-to-book-some-time-too-but-i-am-not-sure-if-i-am-enIt often happens that support staff move from a large law firm to a smaller one. This transition can be stressful because small firms work quite differently than large ones. In order to make the transition as smoooth as possible, here are a few best practices:

The ebb and flow of work in a small firm is much more noticeable than it is in a big firm, to succeed, embrace teamwork. Be prepared to assist other departments. If a lawyer is getting ready for trial, be prepared to set aside your tasks (unless they have a hard deadline) and lend a hand. You can always catch up later.

Be prepared to do many things you haven’t done for years. You might serve coffee, do huge amounts of scanning or photocopying, open and close files, maybe even do some bookkeeping which may include chasing lawyers for their time sheets.

Find out what the firm culture is. For example if the dress code is likely to be less formal, you’ll still have to look professional.

Build positive relationships with your colleagues, at the same time, respect their boundaries. Trust takes time to build. Smile. Don't be judgemental. Don't engage in petty activities like gossiping.

Value your service providers. Know their names, start with this list: couriers and printers, court reporters and registry agents. They will take the place of Central Services and, in some ways, they are more flexible. You can pick and choose the people you want for any particular job. Your relationships with these outside suppliers will be crucial and you need to treat these suppliers well. Remember, if you’re flexible when you’re not in a rush, they’ll help you out when you are.

Working in a small office has a great many rewards so give it (and yourself) a chance to enjoy it.

There is a difference between professional skills and professionalism. When we talk about personal presentation – both when you are job hunting and when you are on the job – we are talking about professionalism.

Professionalism may be easy to say but it is not that easy to achieve, especially early in your career. It takes time to learn what is and what is not appropriate. One of the best pieces of advice you can follow is to find the person in your office (or if you are still looking for a job, in your life) who best exemplifies the way you want to present yourself. Emulate them. Watch what they do and how they do it. Watch how they treat people and think about how they are treated in return.

If you present yourself well, people will respond to you on a more positive level. It is human nature to respond to others in the way they present themselves. If you present yourself with dignity and grace, people will respond to you that way.

These few aspects of professionalism will help set you apart from other applicants or other staff:

Look professional – wear clothing appropriate to your job and always be well-groomed and tidy. Even the smallest change in your attire will change the way you are treated.

Act professionally – use good manners. Treat clients, other staff, lawyers and anyone else you encounter in the course of your job politely and professionally. Remember that old saying do unto others. It is just as true in the office as it is anywhere else.

Be cheerful without being too friendly. Smile when you greet people, they will respond and your encounter will begin on a positive note.

Present yourself with confidence and enthusiasm. Employers notice both these qualities and, although confidence may be difficult to achieve early in your career, be confident in your ability to learn.

Here are some easy ways to polish up your presentation:

Spelling – In law, words matter. It is our stock-in-trade. Print out and read correspondence and documents before you pass them on. Yes, you may have used spell check but it does not differentiate between words like “there , their or they’re”. These are two of the most common mistakes editors see and they should never happen. It’s ALWAYS means it is. They’re ALWAYS means they are.

Tone of voice – Keep your voice low. Sound travels in the oddest ways so even if you think no one can hear you, they probably can. It is distracting to be listening to someone else’s conversation, even if they are talking about business.

Phone – When taking handwritten, text (SMS), or email messages, spell the name and set out the phone number correctly. You might find it helps to keep a list of frequently heard names and numbers so you do not have to ask for them or look them up. Be cheerful and professional when you answer the phone. Your office may have a policy as to what you say when you pick up the phone, if they do not, use your name – Kate Jenskins speaking – and speak clearly. The person on the other end of the phone will appreciates this courtesy and your conversation begins on a good note.

Correspondence and documents – The same goes for correspondence and documents. Perhaps the lawyer or assistant signing or reviewing the document will catch it if you’ve spelled someone’s name wrong, but what if they do not? Take a few seconds to check the spelling of names and addresses before you send it on, you’ll look good.

Your personal space – No one can keep their desk, office and desktop tidy all the time, that is an impossible task in a law office. But keep it as neat as you can. And if you have just gone through a tremendously busy time and there is paper or electronic files everywhere, take the time (even if it is only five minutes) to clean it up before you go home. You will appreciate the effort the next morning and so will everyone around you.

Courtesy – There is no way to guess ahead of time the correct response to every situation in which you find yourself, but there are two things that will always stand you in good stead: be polite and be discreet.

Discretion – Remember that you never know who is standing behind you in the grocery store line-up or sitting at the next table in a restaurant. Never say anything that you don’t want overheard. Loose lips sink ships.

There you go, a crash course in presentation. Polishing up your presentation gives you great results for very little expenditure in time or energy. Just try it.

In my BF, yesterday was supposed to be the day to beginning updating the BC Civil Litigation Guide about the new changes to SCBC rules of court that should come into effect on July 1, 2017. (My academic work makes it easier when I recruit for firms.)

This year, I have nothing to update except for reviewing ANs and PDs. True, there is no rule that says rule changes need to come into effect on July 1 each year.

And it has been like that for a long time.

That there won't be any this year should not come as a surprise. We can point to the results of our recent provincial election; though if the government wanted to, they could have easily legislated the changes before the election, just like in 2013.After asking around at the Ministry of Justice, I concluded that there are other significant issues that have led to no rule changes at this time.

I pressed my source for a probable date, the short reply: can't say when.

You remember the excitement last March 31 2016 when the SCBC Rules Committee, comprised of judges and senior counsel, resigned en masse to protest our government’s decision to repeal a change to costs for fast track actions and changes to the civil tariff, Appendix B, party and party costs scheduled to come into effect July 1, 2016?On December 19, 2016, our AG announced that they have formed a B.C. Supreme Court Rules Committee to provide advice and make recommendations on changes to court rules that are fair, sustainable and have the public’s confidence.

This led me to write: SCBC Rules Committee: Who's In Charge? (read it here). SCBC CJ Hinkson in responding to my question went further to say: "For now, I am the liaison between our Committee and hers, so if you have suggestions they can be directed to my attention."

Now what? It is possible that the SCBC will rely on issuing AN, PDs and NTPs. It appears to be the case when I compare 2016 to year to date of 2017.

While it has not issued any ANs in 2016, it has issued #13 and 14 (see below) this year; it issued 2 PDs last year and #52 to 54 this year; and it issued one NTP in 2016 and none this year.

I reached CJ Hinkson yesterday, his answer: "As yet, there is nothing that I can report."

Administrative Notice 14: a reflection of slippage in practice standards?

It appears that the standards for court filings coming from firms may be slipping. This is my read on the latest Administrative Notice from Chief Justice Hinkson as he observed that "often these have no external cover page which identifies who filed it and to what court proceeding it relates. On many occasions, no contact information for counsel or the parties is provided. This is troublesome and time consuming for the registry."

AN 14 became effective on June 12, 2017.Rare it is to see an administrative notice used as a reminder from his court.

So please take heed on the stipulated requirements for an external cover page which will aid the SCBC in the more efficient management of these documents, which in turn, aid you.

I can't go to the beach just yet, the rule changes in the PCBC need attending to.

To learn more about AN, PDs and NTPs; the intricacies of chamber applications; and trial preparation rules; please refer to your copy the BC Civil Litigation Guide. Here is how to order a copy of BC Civil Litigation Guide.

As well, if you are interested in training in the fundamentals of civil litigation, write me.

I remember opening my first bank account a long time ago, I appreciated that the heavy doric columns that greeted me were symbols of tradition. The big balustrades symbolized stability. Banks are not what they were a long time ago. I wrote about the ongoing frustration with bank induced errors, in one instance I recommended to the administrator to fire their bank. (She hasn't.)

Earlier today, I drove to the parking lot of Lansdowne Mall to look for a 20 foot container re-purposed as a branch of Tangerine Bank (owned by Scotiabank). I spoke to the representative and was relieved to know that they had sound client identification and verification procedures in place. You can open an account online but you still need to come in with your ID and your SIN.​The rest is done electronically or you can go to the ATM machines of any Scotiabank (but you cannot transact with a teller).

Better interest rates notwithstanding, how many of you would open trust accounts with Tangerine Bank?In our classes like Law Office Accounting and Trust Accounting, we talk about the difference between a bank and a credit union. These two groups are used by law firms the most. Here is a list of banks who are licensed to operate in Canada. Here is a list of credit unions who are licensed to operate in BC.Do you prefer doing business with a bank or credit union? Is the insurance coverage enough to offset the lack of credit union branches?

The expansive definition of financial institution is:

(a) an authorized foreign bank within the meaning of section 2 [Definitions] of the Bank Act (Canada) in respect of its business in

Canada or a bank to which the Bank Act applies,

(b) a co-operative credit society, savings and credit union or caisse populaire that is regulated by a provincial Act,

(c) an association that is regulated by the Cooperative Credit Associations Act (Canada),

(d) a company to which the Trust and Loan Companies Act (Canada) applies,

(e) a trust company or loan company regulated by a provincial Act,

(f) a department or agent of Her Majesty in right of Canada or of a province where the department or agent accepts deposit liabilities in

the course of providing financial services to the public, or

(g) an organization controlled by a financial institution.

As you can see, there are other financial institutions. Odlum Brown for example, are used by lawyers acting as a fiduciary and are managing funds held in such an accounts. Let me leave you with this thought, given your firm's needs, what makes for a good financial institution.

Our Provincial Court of BC has to be one of the most innovative courts in Canada. (Read McKenzie Friends, social media, the expansion of what judicial case managers' roles and court assignment system.)On June 1, 2017, for claims up to $5000 (with a few exceptions), parties will be directed to resolve their claim using the online Civil Resolution Tribunal (CRT), under the Small Claims Act. Our provincial court hopes to see a significant number of cases being resolved outside its courts using technology.There are 3 attractive aspects to the CRT:1. The on-line dispute resolution will be in 3 phases: negotiation, facilitation and adjudication. There is still a way to be heard by a judge.2. Here are the areas of coverage:

debt or damages

recovery of personal property

opposing claims to personal property

demanding performance of an agreement about personal property or services.

3. For those who cannot use a computer, there is in-person assistance available; and for non-English speakers, there are translators.At the same time, the upper limit of civil cases heard in Provincial Court will increase to $35,000. Inflation aside, it is becoming more difficult to continue calling it Small Claims Court, don't you think?Click here for your copy of the noticeWe will be releasing these in July, please refer to your copy of the BC Civil Litigation Guide. As well, if you are interested in training in the fundamentals of civil litigation, write me.

Talk about robots and artificial intelligence is going on these days. It inevitably surfaces when firms engage me to recruit legal support staff because machines can be trained to deliver consistent service without the many human attitudes and bad habits that seem to surface.

Some of you might have taken this test that was posted by the BBC: Will a robot take your job? That there would be a 3.5% chance for barristers, solicitors and judges did not come as a surprise. The sobering forecast was there would be a 97.6% chance for legal secretaries (or legal administrative assistants, as we call them in YVR).

Soon I think, unless, you have found a way to make yourself truly indispensable to your lawyer and the firm. It does not matter whether you are a floater or receptionist or a twenty year paralegal, you can become the go-to person in your office. You can be the person who everyone goes to if they have a problem they can not solve.

Sound difficult? It is not simple, nothing worthwhile ever is, but it can be done. Because being the go-to person involves more than experience, more than legal knowledge, more than skills. It involves the right attitude and mindset, and I am not sure if there is an algorithm for a robot to use to get the right attitude and mindset.

Here are seven ways you can do to robot-proof yourself and be valued as the go-to person in your office.

Know the business, not just your job. Remember that every law firm is a business. Is there a better way to capture those costs so they can be appropriately passed on to the client?

Keep on top of the changes in your field. Keep up with people moving from one job or one field to another. Perhaps you used to call on a particular expert. Now you need someone in a hurry and you did not realize that expert has retired. If you knew ahead of time, you could have made arrangements to have another person to call when you needed them.

Be both a creative and practical problem solver. Do not say you cannot solve a problem even if you have absolutely no idea about how to do it. Ask if they can give you some time to think about it, and then do just that.

Have a good work ethic. Make sure your work is done on schedule – if it can not be, give people notice that you are going to be late, tell them how late you will be, and stick to that.

Be available. Understand that there are times when projects are urgent and share that urgency. Be available if there is a need for weekend or evening work.

Be a good communicator. Work on explaining yourself, your work, your ideas in a concise, clear and interesting way. This will help you get your point across in any circumstance.

Be confident. Everyone appreciates someone who sounds like they know what they are talking about and if you have mastered the items above, you will know what you are talking about. If you need to, make a list of talking points before you make the phone call or go into the meeting.

There is no reason you can not become the go-to person in your office. Just not try these simple steps and you will see how easy it is. You will also see how not satisfying it is to really master not just your job, but your place in the legal community. If you need a hand in preparing to move to a new workplace, write me.

A number of small practitioners have rung me up recently to talk about their staffing needs. One in particular struck me with his lament. "I need a secretary, Dom, they are not called that anymore, right? I need someone to help keep my clients' confidential matters. I have been sitting on this for some time now, since Spring time." Prodded a little bit more on why they have not hired one, it seemed that the last few they have hired have fallen short of their expectations. "I hired Mary 25 years ago, when I was just starting my practice, she was the one who showed me the ropes. I have lost count on how many times she saved my bacon. She knew what was more important. She knew when to chime in, but for the most part, she just did her work. Quietly. Too bad she retired. The young ones are not like her. High maintenance."I could not help but think about Star Trek's resident Betazoid Deanna Troi, who possessed a high level of emotional empathy (EQ); she served as an effective counselor to Captain Picard. In the real world, EQ is harnessed over time, often just by working with the lawyer closely.

(Photo courtesy of www.startrek.com)

I acknowledged that they were right: finding someone who had a high EQ would be challenging, but the key is to design a concise and clear job description to reflect your expectations. I told them: "A good place to start is to analyze the job as it exists today. Ask yourself what the work outcomes and descriptions of the tasks to achieve the outcomes are. Next update it for what you would like job to look like. Consider your practice plans, are you expanding or contracting specific practice areas?"Lisa Dawson, having practiced as a small firm administrator for over 20 years, suggests that your job description should include:For more, read here.If you have staffing needs, check out our website here. Or connect with me.Here are the other courses this Fall:​

So we get a little intense in our trust accounting class when we talk about why law firms love banks. Or not. All those mistakes they make, despite what firm staff do from writing instructions to calling in advance, trust account instructions seem to fall on deaf ears. Errors continue to occur.

A week after presenting Trust Accounting 101, I was invited by the administrator of a small firm to talk about their human resources needs (Law Courts Center has begun helping firms recruit staff.) But before we could get into that conversation. my host just had to vent. A little.

Her trust account person had gone on her holidays, and so she took over operating the trust accounts. In a span of a week, her bank made two errors. Exasperated she said: "What a huge waste of time!"

She bemoaned their inability to pick up the phone to call someone in their branch because the bank recently moved their client services to Toronto. (Years ago, a branch manager told me that the most expensive part of banking is having a branch, and long bank hours are costly.)

The law firm has been doing business with their bank for decades; and despite the continuous bank fees increases, the service levels keep declining, they just put up with it. I suggested cutting the umbilical cord. My host replied: "Our managing partner won't go for it!"

First, let me address the Division 7 matter. As trust funds are the clients money, every penny must be accounted for.So I asked LSBC Trust Assurance Audit Team Leader Tina Kaminski , one of our co-instructors, these 3 questions.

What happens to all the letters that you get from a firm that reports a Division 7 error?

Has a firm ever been penalized because they have too much, even if a significant portion of the errors were caused by their bank?

As I visit various firms to learn more about their recruiting needs, I get to watch legal administrative receptionists field calls from clients, which made me want to share my views on angry client phone calls.

It happens. Clients phone and they are angry. They are angry because the lawyer has not called them back; they are angry because they have been served with a Notice of Civil Claim; and, they are angry because they have received your account and it is way too much.

What do you do about an angry caller?

First, recognize that they are not angry at you. Second, you have to approach this as an opportunity to work with the angry client to resolve their complaint instead of just dealing with them. Remember, you are also a member of the firm and have duties to the client, according to the Code of Professional Conduct for BC.

So, listen to their complaint. Sometimes all they want is someone who will listen to them. Take notes of what they are saying.

Remember:

Keep your temper;

Refrain from accepting or placing blame;

Listen to a call without taking it personally;

Let them express their comments without interrupting or cutting them short;

Stop yourself from making promises you may be unable to fulfill (such as, “I will have the lawyer call you back in five minutes” – they may not want to or ​may be unable do this);

Get as much information as you can; and

Empathize not sympathize.

When they are finished, take the time to read your notes back to them. Once they are satisfied with your notes, tell them you will have the lawyer return their call.

Review your notes right away: are there things that you can prepare for the lawyer to make it easier for them to resolve the client's complaints?

Working with unhappy clients, challenging as it is, is an opportunity to improve the relations with the client.